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(영문) 청주지방법원 2019.11.28 2019구합823

자동차운전면허취소처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 23, 2019, the Plaintiff driven a C Ecoo motor vehicle while under the influence of alcohol with 0.101% alcohol level on the front of Jincheon-gun, Jincheon-gun, Jincheon-gun.

B. On June 27, 2019, the Defendant issued a disposition to revoke the driver’s license (Class II ordinary) pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was driven under the influence of alcohol 0.101% in blood.

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on July 9, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request on August 13, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 8 through 16 (including those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion that ① the Plaintiff’s blood alcohol concentration is 0.101%, ② the Plaintiff’s blood alcohol concentration is 0.101%, ③ the Plaintiff’s blood alcohol concentration is 0.1%, ④ the Plaintiff’s business of carrying out the business of manufacturing elevator parts, etc. to deliver them to customers throughout the country, and the Plaintiff’s occupation needs to be considered, and the Plaintiff’s living and family members need to be revoked, and the Plaintiff’s livelihood is also difficult.